HomeMy WebLinkAboutT-4868 - Agreement/Covenant - 8/14/2006 r
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SUBDIVISION AGREEMENT
City of
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PUBLIC WORKS DEPARTMENT
2600 FRESNO STREET
FRESNO, CALIFORNIA 93721-3616
t (559) 621-8650
Tract No. 4868
of Vesting Tentative Tract No. 4868
P.W. File No. 10401
THIS AGREEMENT is made this day of � ,
2002, by and between the City of Fresno, a Municipal Corporation, hereinafter designated and
called the "City," and GRANVILLE HOMES INC., a California Corporation, 1396 West Hemdon
Avenue,Suite 101, Fresno,California,93711,hereinafter designated and called the"Subdivider,"
without regard for number or Gender.
Subdivision Agreement
Tract No. 4868
Page 2
RECITALS
A. The Subdivider has presented to the City a certain final map of a proposed
subdivision of land owned by the Owner and located within the corporate limits of the City, and
known and described as Tract No. 4868, said Owner has requested the City to accept the
dedications delineated and shown on said map for the use and purposes specified thereon, and
to otherwise approve said map in order that the same may be recorded, as required by law.
B. The City requires, as a condition precedent to the acceptance and approval of said
map,the dedication of such streets,highways and public places and easements as are delineated
and shown on said map, and deems the same as necessary for the public use, and also requires
that any and all streets delineated and shown on said map shall be improved by the construction
and the installation of the improvements hereinafter specified.
C. Section 12-1012 of the Municipal Code of the City of Fresno requires the Subdivider
to enter into this Agreement with the City whereby Subdivider agrees to do, perform and complete
the work and matters hereinafter in the Agreement mentioned and set forth in detail, within the
time hereinafter mentioned, in consideration of the acceptance of the offers of dedication by the
City of Fresno.
D. The Subdivider desires to constructthe improvements and develop the subdivision.
E. The Subdivider hereby warrants that any and all parties having record title interest
in the Subject Property which may ripen into a fee have subordinated to this instrument.
F. All such instruments of subordination, if any, are attached hereto and made a part
of this instrument.
Subdivision Agreement
Tract No. 4868
Page 3
AGREEMENT
In consideration of the acceptance of the offers of dedication of the streets, highways,
public ways, easements and facilities as shown and delineated on said map, and the approval of
said map for filing and recording as provided and required by law, it is mutually agreed and
understood by and between the Subdivider and the City, and the Subdivider and the City do
hereby mutually agree as follows:
1. The Subdivision is subject to the following:
a. The work and improvements shall be performed hereinafter specified on or
before April 18, 2003, except as noted in (b), (c), and (d) listed below.
b. The Sidewalk and driveway approach construction for the interior lots of the
subdivision shall be completed on or before,April 18,2004, (The developer
may submit a written request to the Public Works Director for an extension
of time to complete the construction of the sidewalk and driveway
approaches).
C. The Lot corner monumentation shall be completed to the satisfaction of the
Director of Public Works as provided by Code, on or before April 18, 2003
(The developer may submit a written request to the Public Works Director
for an extension of time to complete lot comer monumentation).
d. The Street trees required for each lot shall be planted upon occupancy of
each lot. The Subdivider shall notify the City Parks, Recreation and
Community Services Department-Parks Division of the planting schedules.
All species of Street Trees to be planted in the subdivision shall be as
approved by the Parks Division. The responsibility to provide and plant, or
to inspect the required Street Tree planting, shall be in accordance with the
Street Trees fees paid in EXHIBIT"B,"attached hereto and made a part of
this Agreement and/or the "Statement of Covenants Affecting Land
Development to Plant and Maintain Front Yard Trees," per Resolution No.
98-129 requirements for 50- and 56-foot local street patterns.
e. The Issuance of building permits for any structure within the subdivision
shall conform to the requirements of the prevailing Uniform Fire Code
(UFC). The Subdivider's attention is particularly called to Part III, Article 9
of UFC relating to Fire Department access and water supply. No occupancy
permit shall be issued until all Fire Department access and fire fighting
water supply requirements have been met and access is constructed with
approved street lighting on line and operational. The issuance of any
occupancy permits by the City for dwellings located within said subdivision
shall not be construed in any manner to constitute an acceptance and
approval of any or all of the streets and improvements in said subdivision.
Subdivision Agreement
Tract No. 4868
Page 4
f. No certificates of occupancy will be issued nor any human occupancy
allowed for any building on any lot of the subdivision until permanent
sanitary sewer and water service is determined to exist by the Director of
Public Utilities Department.
g. When a delay occurs due to unforeseen causes beyond the control and
without the fault or negligence of the Subdivider, the time of completion
may be extended for a period justified by the effect of such delay on the
completion of the work. The Subdivider shall file a written request for a
time extension with the Director of Public Works prior to the above noted
date, who shall ascertain the facts and determine the extent of justifiable
delays, if any. Extension of time for completion of improvements(including
street trees planting) may be granted by the Public Works Director with an
extension fee from the current Master Fee Schedule based upon the initial
estimated total improvement cost. The Director of Public Works shall give
the Subdivider written notice of his determination in writing, which shall be
final and conclusive.
2. The work and improvements, more specifically shown on the referenced plans and
made a part hereof, shall be done in accordance with the construction standards contained in the
City of Fresno Standard Specifications, "City Standards", adopted September 11, 1984, by
Resolution No. 84-361 and as amended, at the sole cost and expense of the Subdivider including
all costs of engineering, inspection and testing.
3. The work and improvements are as follows:
a. Construct all landmarks, monuments and lot comers required to locate land
divisions shown on the Final Map.
Pursuant to Section 66497 of the State Subdivision Map Act, prior to the City's final
acceptance of the subdivision and release of securities, the Subdivider shall submit
evidence to the City of Fresno of payment and receipt thereof by the Subdivider's engineer
or surveyor for the final setting of all monuments required in the subdivision.
b. All utility systems shall be installed underground. Subdivider's attention is
directed to the installation of street lights in accordance with Resolution No. 68-187 and
Resolution No. 78-522 or any amendments or modifications which may be adopted by
Council prior to the actual installation of the lights. The Subdivider shall construct a
complete underground street light system as approved by the Traffic Engineer prior to final
acceptance of the subdivision.
Subdivision Agreement
Tract No. 4868
Page 5
Height, type, spacing, etc. of standards and luminaires shall be in accordance with
Resolution Nos. 78-522 and 88-229 or any amendments or modifications which may be
adopted by Council prior to the actual installation of the lights and shall be approved by the
City Traffic Engineer.
C. Water main extensions and services shall be provided in accordance with
applicable provisions of Chapter 14, Article 1 of the Fresno Municipal Code and all
applicable charges shall apply.
d. Sanitary sewer extensions and services shall be provided in accordance
with applicable provisions of Chapter 9, Article 5 of the Fresno Municipal Code and all
applicable charges shall apply.
e. Lot drainage shall be in accordance with Section 13-120.3315 of the Fresno
Municipal Code.
f. All "Dead-End" Streets created by this subdivision shall be barricaded in
accordance with City Standards within seven (7) days from the time said streets are
surfaced, or as directed by the City Engineer.
g. Any temporary storm water retention basins constructed or enlarged to
serve this tract shall be fenced in accordance with City Standards within seven (7) days
from the time said basins become operational, or as directed by the City Engineer.
h. Wet-Ties shall be in accordance Sections 14-107 and 14-111 of the Fresno
Municipal Code. The amounts identified below as"Wet-Tie Charges" are estimates only
and serve as a deposit to cover the actual cost of construction. Should the actual
construction cost be less than the deposit, the Subdivider shall be refunded the excess.
Should the actual construction cost be greater than the deposit, the Subdivider shall be
billed by the City of Fresno for the difference and shall be directly responsible for payment.
i. As a condition of Tentative Tract Map No. 4868 approval the Subdivider is
required to install landscaping and an irrigation system into any landscape easements
required for subsequent phases of the Tentative Tract Map of the subdivision.The Owner
has executed a covenant with the City of Fresno guaranteeing maintenance of the
required landscaping until such time as a Maintenance District has been formed to provide
for continued care and maintenance of the required landscaping.
The Owner also agrees to sign a petition asking the Council to include this Tract in the
existing District. Additionally, the Subdivider is required to provide the City of Fresno with
copies of signed acknowledgments (see Exhibit "C") from each purchaser of a lot within
the subdivision, attesting to the purchasers understanding that the lot will have an annual
landscaping maintenance assessment and that the purchaser is aware of the estimated
amount of the assessment.
Subdivision Agreement
Tract No. 4868
Page 6
The signed acknowledgments shall be sent to Chief Engineering Technician of Design
Services Go Public Works Department, Engineering Services Division,2600 Fresno Street,
Fresno, California 93721-3623.
j. As a condition of final map approval, the Subdivider is required to perform
and construct all work shown on the following referenced plans ; [City Drawing Nos:
10-C-8138 through 10-C-8156, inclusive, with Water Job No. 4850 (19 sheets), Storm
Drain Plans BC-10-1 thru BC-10-2 and CZ-39-1 thru CZ-39-5 (7 sheets); 15-C-10841
through 15-C-10885, inclusive, with Street Light Plan 4-C-655 thru 4-C-657 (48 sheets).
k. Prior to the approval of the Final Map by the City, the Subdivider shall pay
to the City and/or execute to defer certain impact fees due which are eligible to be deferred
by relevant FMC provisions, the total fees and charges due as a condition of Final Map
approval.The total fees and charges are more particularly itemized and made a part of this
agreement in the attached Exhibit"B."
I. In connection with assigning figures set forth in Exhibits"A"and"B",the City
has made its best faith efforts at predicting the fees,costs and credits of the improvements
that will benefit this subdivision and other properties. Because the subject improvements
have not been completed at the time of execution of this agreement, the actual cost of
construction is not yet known. Some degree of reasonable estimation is incorporated into
the calculations. Subdivider agrees that these figures represent City's best estimates only
and that they are subject to fluctuation following calculation of actual construction costs
after improvement completion and acceptance. It is further subject to Subdivider's
submission and City review of a financial accounting which sets forth those actual costs,
and the application, by City, of all relevant Fresno Municipal Code provisions which relate
to the Subdivider's payment of fees and reimbursement thereto. This would include any
pertinent provisions contained within City's Master Fee Schedule which would also apply
to the payment of fees or reimbursements. Reimbursements or credits, if any, to the
Subdivider shall be made only in compliance with the provisions of the City's UGM
ordinance or any other City ordinance providing for reimbursement or credit.
4. It is agreed that the City shall inspect all work. All of the work and improvements
and materials shall be done, performed and installed in strict accordance with the approved
construction plans for said work on file in the Office of the City Engineer of the City and the
Standard Specifications of the City,which said plans and specifications and standards are hereby
referred to and adopted and made a part of this Agreement.
Subdivision Agreement
Tract No. 4868
Page 7
In case there are not any standard specifications of the City for any of said work,
it is agreed that the same shall be done and performed in accordance with the standards and
specifications of the State of California, Division of Highways. All of said work and improvements
and materials shall be done, performed and installed under the inspection of and to the
satisfaction of the City Engineer of the City.
5. Prior to the approval by the Council of the City of said final map, the Subdivider
shall furnish to the City the following improvement securities in the amounts more particularly
itemized in Exhibit A. Bonds shall be by one or more duly authorized corporate sureties Licence
to business in California subject to the approval of the City and on forms furnished by the City.
a. PERFORMANCE SECURITY. Total amountto equal 100%of the Final Cost
Estimate to be conditioned upon the faithful performance of this agreement.
i. 95% of the final Cost Estimate shall be in the form of a bond or
irrevocable instrument of credit; and
ii. 5% of the Final Cost Estimate shall be in cash or a certificate of
deposit.
b. PAYMENT SECURITY. Total amount to equal 50% of the Final Cost
Estimate to secure payment to all contractors and subcontractors performing work on said
improvements and all persons furnishing labor, materials, or equipment to them for said
improvements. Payment Security shall be in the form of a bond or irrevocable instrument
of credit.
C. PERFORMANCE SECURITY. Such sums are equal to 100% of the total
estimated cost to complete the preparation of the landscape/Irrigation and wall
improvement plans and profiles required. Said amounts shall be cash or a Certificate of
Deposit, all to be conditioned upon the faithful performance of this agreement.
d. Any and all other improvement security as required by Fresno Municipal
Subdivision Agreement
Tract No. 4868
Page 8
Code, Section 12-1016.
6. Upon acceptance of the required work by the City Engineer, a warranty security
shall be furnished to or retained by the City, in the minimum amount identified in said Exhibit A,
for guarantee and warranty of the work for a period of one(1) year following acceptance against
any defective work or labor done or defective materials furnished. In accordance with Section
12-1016 of the Fresno Municipal Code, said warranty security shall be in the form of cash or a
Certificate of Deposit. The warranty security shall be returned to the Subdivider, less any amount
required to be used for fulfillment of the warranty one (1) year after final acceptance of the
subdivision improvement.
7. This Agreement shall in no way be construed as a grant by the City of any rights
to the Subdivider to trespass upon land rightfully in the possession of, or owned by, another,
whether such land be privately or publicly owned.
8. The City shall not be liable to the Subdivider or to any other person, firm or
corporation whatsoever, for any injury or damage that may result to any person or property by or
from any. cause whatsoever in, on or about the subdivision of said land covered by this
Agreement,or any part thereof. The Subdivider hereby releases and agrees to indemnify,defend,
and save the City harmless from and against any and all injuries to and deaths of persons, and
all claims, demands, costs, loss, damage and liability, howsoever same may be caused, resulting
directly or indirectly from the performance of any or all work to be done in and upon the street
rights-of-way in said subdivision and upon the premises adjacent thereto pursuant to this
Agreement, and also from all injuries to and deaths of persons, and all claims, demands, costs,
Subdivision Agreement
Tract No. 4868
Page 9
loss, damage and liability, howsoever same may be caused, either directly or indirectly made or
suffered by the Subdivider, the Subdividers agents, employees and subcontractors, while
engaged in the performance of said work. The Subdivider further agrees that the use for any
purpose and by any person of any and all of the streets and improvements hereinbefore specified,
shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by the
City of the completed street and other improvements thereon and therein.
9. The Subdivider shall remedy any defective work or labor or any defective materials
and pay for any damage to other work resulting therefrom which shall occur within a period of one
(1) year from the date of acceptance of the work.
10. The Subdivider and his subcontractors shall pay for any materials, provisions, and
other supplies used in,upon,for,or about the performance of the work contracted to be done,and
for any work or labor thereon of any kind, and for amounts due under the Unemployment
Insurance Act of the State of California, with respect to such work or labor, and shall file with the
City pursuant to Section 3800 of the Labor Code, a Certificate of Workers' Compensation and
shall maintain a valid policy of Workers' Compensation Insurance for the duration of the period
of construction.
11. Initial soils compaction testing for public utility improvement work within the
right-of-way shall be ordered by and paid for by the City of Fresno. Public utility improvements
shall include street surface improvements, sanitary and storm sewers, City water facilities and
irrigation lines. All other compaction testing for private utility installations shall be paid for by the
Subdivider or his agent. Compaction testing performed for determination of compliance with City
Standard Specifications shall at all times remain under the control and direction of the City
Engineer who shall determine locations and depths to be tested. Any compaction tests failing to
Subdivision Agreement
Tract No. 4868
Page 10
meet the City's requirements shall be reordered by the City and paid for by the Subdivider or his
agent. Billing for the private utility tests and any required retesting due to failures shall be made
directly to the Subdivider or his agent.
12. The Subdivider shall comply with Street, Plumbing, Building, Electrical, Zoning
Codes and any other codes of the City.
13. It shall be the responsibility of the Subdivider to coordinate all work done by his
contractors and subcontractors, such as scheduling the sequence of operations and the
determination of liability if one operation delays another. In no case shall representatives of the
City of Fresno be placed in the position of making decisions that are the responsibility of the
Subdivider. It shall further be the responsibility of the Subdivider to give the City Engineer written
notice not less than two (2) working days in advance of the actual date on which work is to be
started. Failure on the part of the Subdivider to notify the City Engineer may cause delay for
which the Subdivider shall be solely responsible.
14. Whenever the Subdivider varies the period during which work is carried on each
day, he shall give due notice to the City Engineer so that proper inspection may be provided. If
Subdivider fails to duly notify City as herein required, any work done in the absence of the
Engineer will be subject to rejection. The inspection of the work shall not relieve the Subdivider
of any of his obligations to fulfill the Agreement as prescribed. Defective work shall be made
good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work
and unsuitable materials have been previously overlooked by the Engineer or Inspector and
accepted.
Subdivision Agreement
Tract No. 4868
Page 11
15. Any damage to the sewer system, concrete work or street paving that occurs after
installation shall be made good to the satisfaction of the City Engineer by the Subdivider before
release of bond, or final acceptance of completed work.
16. Adequate dust control shall be maintained by the Subdivider on all streets within
and without the subdivision on which work is required to be done under this Agreement from the
time work is first commenced in the subdivision until the paving of the streets is completed.
"Adequate dust control" as used herein shall mean the sprinkling of the streets with water or the
laying of an approved dust palliative thereon with sufficient frequency to prevent the scattering of
dust by wind or the activity of vehicles and equipment onto any street area or private property
adjacent to the subdivision. Whenever in the opinion of the City Engineer adequate dust control
is not being maintained on any street or streets as required by this paragraph, the City Engineer
shall give notice to the Subdivider to comply with the provisions of this paragraph forthwith. Such
notice may be personally served upon the Subdivider or, if the Subdivider is not an individual,
upon any person who has signed this Agreement on behalf of the Subdivider or, at the election
of the City Engineer, such notice may be mailed to the Subdivider at his address on file with the
City Engineer. If,within twenty-four(24)hours after such personal service of such notice or within
forty-eight(48) hours after the mailing thereof as herein provided, the Subdivider shall not have
commenced to maintain adequate dust control or shall at any time thereafter fail to maintain
adequate dust control, the City Engineer may,without further notice of any kind, cause any such
street or streets to be sprinkled or oiled, as he may deem advisable to eliminate the scattering of
dust, by equipment and personnel of City or by contract as the City Engineer shall determine, and
the Subdivider agrees to pay to City forthwith, upon receipt of billing therefor, the entire cost to
City of such sprinkling or treated.
Subdivision Agreement
Tract No. 4868
Page 12
When the surfacing on any existing street is disturbed, this surfacing shall be
replaced with temporary or permanent surfacing within fourteen (14) calendar days, and the
roadway shall be maintained in a safe and passable condition at all times between the
commencement and final completion, and adequate dust control shall be maintained during these
operations.
17. Concrete curbs and gutters, the sanitary sewer system and house connections,
together with water mains, gas mains, and their respective service connections, shall be
completed in the streets and alleys before starting the street and alley surfacing.
18. Time is of the essence of this Agreement, and the same shall bind and inure to the
benefit of the parties hereto, their successors and assigns.
19. No assignment of this Agreement or of any duty or obligation of performance
hereunder shall be made in whole or in part by the Owner or Developer without the written consent
of City.
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Subdivision Agreement
Tract No. 4868
Page 13
The parties have executed this Agreement on the day and year first above written.
CITY OF FRESNO,
a Municipal Corporation SUBDIVIDER
GRANVILLE HOMES INC.
1 isCo ra '
PU IC W .'KP DEPARTM T
JAM S W O N , E.
By: �
By: AR SEMI, PRESIDENT
INTERIM DIRECTOR
ATTEST:
By:
REBECCA E. KLISCH
CITY CLERK
By-J�/t,aJ Q-2J
Deputy
(Attach Notary Acknowledgment)
APPROVED AS TO FORM:
HILDA CANTO MONTOY
City Attorney
By:
z'W,
Deputy
DATE:July 30,2002
Subdivision Agreement
Tract No. 4868
Page 14
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF FRESNO )
On ,2002, before me, personally
appeared_ James W. Owens. PE. Interim Director personally known to me (oF provided to me
on the basis of satisfactory evidence) to be the persons(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument(s) the person(s),
or the entity upon behalf of the CITY OF FRESNO of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
REBECCA E. KLISCH
CITY CLERK
By
DEPUTY
EXHIBIT A Subdivision Agreement for Tract 4868
A. APPROVED PUBLIC IMPROVEMENT CONSTRUCTION COST ESTIMATES
Water System Construction Cost Estimate $310,716
Well Construction Cost Estimate $0
Sewer System Construction Cost Estimate $234,634
Street Construction Cost Estimate $1,656,079
Final Cost Estimate (for Inspection Fee purposes) $2,201,429
529 Landmarks, Monuments, Lot& Block Corners ($50/ea) $26,450
Sub-Total (for bonding purposes) $2,227,879
Construction Contingency (10%) $222,788
TOTAL COST ESTIMATE*
(for improvement securities purposes) :$2:,450,667 $2,451,000
*All amounts rounded to nearest$1000
B. IMPROVEMENT SECURITY REQUIREMENTS(due with subdivision agreement)
Performance Security (100% of Total Cost Estimate)
95% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $2,328,000
5%of amount shall be in cash or a Certificate of Deposit $123,000
Payment Security (50%of Total Cost Estimate)
100% of amount shall be in the form of a bond by duly
authorized corporate sureties or irrevocable letter of
credit $1,225,500
Faithful Performance Security to Guarantee Completion of Plans
Street Plans $10,000
Utility Plans (Sewer.Water, Storm Water) $10,000
Street Light Plans $0
Landscaping/Irrigation/Walls $2,000
100%of amount shall be in cash or a Certificate of Deposit $22,000
C. WARRANTY SECURITY REQUIREMENT* (due as condition of acceptance of the work)
5%of first$50,000 of the Total Cost Estimate $3,000
3% of next$50,000 $2,000
1%of next$400,000 $4,000
0.5%of amount over$500,000 $9,800
Minimum amount $18,800
EXHIBIT A v4/28/00 Prepared By: Rick Date: 08/01/02 Print Date:08/02/02 11:49:30 AM Page 1 of 1
EXHIBIT B Subdivision Agreement for T-4868
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
A. MISCELLANEOUS FEES&CHARGES
1. INSPECTION FEE
$0 Final Cost Estimate<$10K na
(7%;$300 minimum fee)
$0 Final Cost Estimate>$10K<$500K na
($700+4%of amount over$1 OK)
$2,201,429 Final Cost Estimate over$500K $62,835.73
($20,300+2.5%of amount over$500K)
Less Inspection Fees paid with Early
Sewer/Water Construction Agreement $31,309.00
Less Inspection Fees paid with Early Street
Construction Agreement
Inspection Fee 1 $31,526. 3 $31,526.73
2. MONUMENT CHECK FEE
221 Lots and Outlots @ $30.00 per Lot $6,630.00
(Min$200)
3. STREET SIGNS
20 Street Name Sign sets @ $173.00 per set $3,460.00 $3,460.00
®Waming/Regulatory signs @ $77.00 sign $616.00 $616.00
4. STREET TREES
City installed(15-gallon)Street Trees @ $129.00 per Tree na na
38 Inspection Fee(when planted by subdivider) @ $30.00 per Tree $1,140.00 $1,140.00
442 Trees by Covenant(Resolution 98-129;2 trees/Lot fronting 50'streets)
5. STREET RIGHTS OF WAY ACQUISITION/CONSTRUCTION CHARGE per FMC 11-226(f)(6)
Lum Sum Charge as established by Public Works Director na na
6. LANDSCAPE MAINTENANCE DISTRICT FEES(CFD-2)
221 Lots(anticipated maintenance cost) @ $45.32 per Lot $10,015.72
F7Lots(Incidental expenses:legal fees, per Lot
publications,mailings,engineering, ($1,500
221assessment district proceedings @ $0.00 min) $1,500.00
Lum Sum Landscape area Field Inspection Fee-Parks @ $305.00 LS $305.00
Total $11,820.72 $11,820.72
$58.32 Estimated assessment per Lot(information only)
7. IRRIGATION PIPELINE(one-time maintenance fee)
Lineal Feet @ $5.00 per LF na nal
S. URBAN RESERVE 41 CORRIDOR NEXUS STUDY CONTRIBUTION
Freeway 41/Friant Road/Hemdon Corridor
F--5-9.-57-0-8-1 Adjusted Gross Acres @ $250.00 per AG Ac $14,892.70 $14,892.70
TOTAL MISCELLANEOUS FEES&CHARGES $70,086.15 $70,086.15
EXHIBIT B v11/01/01 Printed 08/06/02 11:09:49 AM Page 1 or 5
EXHIBIT B Subdivision Agreement for T-4868
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
B. IMPACT FEES,CONSTRUCTION CREDITS&FEES TO BE DEFERRED
61.9940 Gross Acres
0.0000 Net Acres
59.5708 Adjusted Gross Acres(AG Ac); excludes Area of Arterial&Collector Streets
221 Units(residential)
0 LUE(non-residential)
R-1 Zoning
u m Input"ugm"if within the Urban Growth Management Area or"no"
1. LOCAL DRAINAGE FEES
CZ FMFCD Drainage Area
63.8230 Acres per FMFCD lid $3,250 per Acre $207,425.00
Local Drainage Fee $207,425.00 1 $207,425.00
2. SEWER CONNECTION CHARGES
(a)Lateral Sewer Charge
Frontage: FNees 30,500 SF
Total Square Feet 30,500 SF
30,500 SF; sub-total Lateral Sewer Charge @ $0.10 per SF $3,050.00
Less estimated Lateral Sewer Charge Credits
Lateral Sewer Charge 1 $3,050.00 $219.9-8-1-
Fee
219.98 *Fee Due for Lots under Early Issuance of Building Permits Agreement
(b)Oversize Sewer Charge
11 UGM Reimbursement Area
Frontage: Nees 30,500 SF
Frontage: ITeague 125,118 SF
Frontage: Willow 1 05,215 ISF
Total Square Feet 360,833 SF
360,833 SF;sub-total Oversize Sewer Charge @ $0.05 per SF $18,041.65
Less estimated Oversize Credits $2,178.00
Less estimated Overdepth Credits $3,484.00
Oversize Sewer Charge $12,379.65 11 $892.89 * $11,486.76
(c)Trunk Sewer Charge
Hemdon I Trunk Sewer Service Area
221 lUnfts @ $496.00 per Unit $109,616.00 $109,616.00
(d)Wastewater Facilities Charge
Fee to be paid at the rate in effect at time of issuance of building permit.The fee rate currently in effect is$2,119 per Unit(FMC 9-503-b)
(e) Sewer Capacity Enhancement Charge
Herndon Trunk Sewer Service Area
221 Units @ $873.00 per Unit 1 $192,933.00 $192,933.00
EXHIBIT 01/01/01 Printed 08/06/02 11:09:49 AM Page 2 of 5
EXHIBIT B Subdivision Agreement for T-4868
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
3. WATER CONNECTION CHARGES
(a)Time&Material Charges("Wet-Tie")
2002 0510 Estimate Number
4850 1 Water Job Number
Estimated Deposit(FMC 14-111-i) $12,700.00 $0.00 (B3)
(B3) Deposit paid with Early Construction Agreement
(b1)Service Connection Charges
41 1Meters
exis
ng services @ $320 each
$0.00
62
62
111311"-1/2"Meteors to existing services @ $470.0 each $$6,10180.00 $0.00 $$6,1180.00
(b2 Landscape Service Connection Charges
211"Meters to existing services @ $320.00 each 640.00 $640.00
2 2"Meters to existing services @ $620.00 leach $1,240.00 $1,240.00
(c)Frontage Che 1,15 N6-rE�o
Frontage: E
Z s A✓c,
305 I 7 /6#Gac E� LF $991.25
�U V—A—Ile Cf�!�) $991.25
I $0.00
$991.25 $71.49 • $919.76
(d)Fire Hydrant
2,123,522 100 SF 15,926.42 $15,926.42
(e)Transmissio
A
61.9940 Gr Acre $34,716.64
Less Estimated TGM Construction Credits $53,882.00
Transmission Grid Main Charge $19,165.36 Paid w!Credits Paid w!Credits
( Transmission Grid Main Bond Debt Service Charge
61.9940 Gross Acres @ $243.00 per Gr Acre $15,064.54
Less Estimated TGM Bond Debt Service Charge Credits $0.00
Transmission Grid Main Bond Debt Service Charge $15,064.54 $1,086.-6-01-
(g)
1,086.60 -( UGM Water Supply Fee
101 s Supply Well Service Area
2211 Living Units(residential) @ $397.00 per Unit $87,737.00
Less Estimated UGM Water Supply Fee Construction Credits
UGM Water Supply Fee $87.737.00 $87,737.00
(h)Well Head Treatment Fee
101 Well Head Treatment Service Area
221 Living Units(residential) @ $0.00 per Unit
Less Estimated Well Head Treatment Fee Construction Credits
Well Head Treatment Fee .001 $0.00
EXHIBIT 8 v11/01/01 Printed 08106/02 11:09:49 AM Page 3 of 5
EXHIBIT B Subdivision Agreement for T-4868
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(I)Recharge
101 Recharge Service Area
221 Living Units(residential) @ $0.00 per Unit
Less Estimated Recharge Fee Construction Credits
Recharge Fee $0.00
(j)1994 Bond Debt Service Fee
101 1994 Bond Debt Service Fee Service Area
2211 Living Units(residential) @ $895.00 per Unit $197,795.00
Less Estimated 1994 Bond Debt Service Fee Construction Credits
1994 Bond Debt Service Fee I $197,795.El $12,530.00 $185,265.00
4. URBAN GROWTH MANAGEMENT(UGM)FEES&CONSTRUCTION CREDITS
(a)UGM FIRE STATION FEE
13 Fire Station Service Area
61.9940 Gross Acres @ $251.00 per Gr Acre $15,560.49 $1,122.37 • $14,438.12
(b UG�BORHOOD PARK FEE
7 Neighborhood Park Service Area
61.9940 Gross Acres @ $1,690.00 per Gr Acre $104,769.86 $7,557.00 . $97,212.86
(c)UGM MAJOR STREET CHARGE
F Major Street Zone
59.5708 Adjusted Gross Acres @ $2,500.00 per AG Ac $148,927.00
Less Estimated Major Street Charge Construction Credits $319,898.00
Major Street Charge $170,971.00 Paid wl Credits Paid wl Credits
(d UG�R STREET BRIDGE CHARGE
F Major Street Bridge Zone
59.5708 Adjusted Gross Acres @ $50.00 per AG Ac $2,978.54
Less Estimated Major Street Bridge Charge Construction Credits
Major Street Bridge Charge $2,978.54 $214.84 • r 2,763.70
(e)UGM TRAFFIC SIGNAL CHARGE
59.5708 Adjusted Gross Acres @ $860.00 per AG Ac $51,230.89
Less Estimated Traffic Signal Charge Construction Credits
Traffic Signal Charge $51,230.89 $3,695.25 $47,535.64
( UGM GRADE SEPARATION CHARGE
Grade Separation Service Area
59.5708 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Estimated Grade Separation Charge Construction Credits
Grade Separation Charge $0.00 $0.00 $0.00
EXHIBIT B v11/01/01 Printed 08/06/02 11:09:49 AM Page 4 of 5
-EXHIBIT B Subdivision Agreement for T-4868
NET AMOUNT AMOUNT
EXTENSION DUE DEFERRED
(g UG]ADE RAILROAD CROSSING FEE
A-D At-Grade RRX ing Service Area
59.5708 Adjusted Gross Acres @ $236.00 per AG Ac $14,058.71
Less Estimated At-Grade RRX ing Charge Construction Credits $0.00
At-Grade RRX ing Fee $14,058.71 $1,014.04 $13,044.67
(h UG�K SEWER FEE
Trunk Sewer Service Area
59.5708 Adjusted Gross Acres @ $0.00 per AG Ac na
Less Trunk Sewer Fee Credits $0.00
Trunk Sewer Fee $0.00 $0.00
(i OVERLAY SERVICE AREA
Millbrook Overlay Service Area
59.5708 Adjusted Gross Acres @ $0.00 per AG Ac na $0.00 $0.00
5. COPPER I WILLOW INFRASTRUCTURE CONTRIBUTIONS
Copper I Willow
0.0000 Vehicle Trips @ $74.76 per Vehicle $0.00 $0.00
Trip
6. POLICE SUBSTATION FEE Informational Only This Fee Due With Issuance of Building Permits
Northwest Fresno Service Area
221 Residential Living Units @ $62.00 per Unit
Total Impact Fees&Charges $923,509.99 $643,921.88 $457,664.47
Note: EXTENSION total includes net results of construction credits
SUMMARY
TOTAL(A) MISCELLANEOUS FEES&CHARGES $70,086.15
TOTAL(B) IMPACT FEES&CHARGES $643,921.88 $457,664.47
TOTAL SUBDIVISION FEES and CHARGES DUE WITH AGREEMENT cash $714,008.03
EXHIBIT B v11/01/01 Printed 08/06/02 11:09:49 AM Page 5 of 5
ACKNOWLEDGMENT AND UNDERSTANDING OF
LANDSCAPING MAINTENANCE ASSESSMENT
I/We the undersigned have been advised by the Subdividers Representative and hereby
acknowledge and understand that the property I/We have purchased lot(s) I of
Tract No. 4868/UGM , is subject to an annual assessment currently estimated at$ 58.32.
The annual assessment represents my/our fair share of the costs for maintenance of the
landscaped easements maintained by the City within Tract No. 4868. I/We understand that the
current estimated assessment is only an estimate for the current year and that the current year
and that the assessment may increase or decrease in future years.
I/We also understand that by signing this document I/We have not waived my/our rights
to protest the assessment amount at the noticed annual public hearing held by the City Council.
Purchaser Date
Co-Purchaser Date
Subdividers Representative Date
FT4868 Subdivision Agreement wpd (Jury 30,2002)
EXHIBIT "C"
State of CA RIGHT THUMBPRINT(Optional)
!
County of Y
0
On before me,
(DATE) INAME/TITLE OF OFFICER-i.e.'JANE DOE,NOTARY PUBLIC') o
personally appeared C-ra.(► d ks e/rn 1
(NAMEISI OF SIGNER(S))
CAPACITY CLAIMED BY SIGNER(S)
i.
❑INDIVIDUALIST
❑CORPORATE
personally known to me -OR- ❑ proved to me on the OFFICERIS) (TITLFSI
basis Of satisfactory OPARTNERIS) ❑LIMITED
evidence to be the ❑GENERAL
person(s) whose name(s) ❑ATTORNEY IN FACT
is/are subscribed to the OTRUSTEEIS)
within instrument and OGUARDIAN/CONSERVATOR
acknowledged to me that ❑OTHER:
' -�+►- he/she/they executed the
suSA1vrr�►tt�; same in his/her/their
CDrrVi*fiIf 1fiW authorized capacity(ies), SIGNER IS REPRESENTING:
z
���" :f and that by his/her/their (Name of Person(s)or Entkylies)
"' ►r - signature(s) on the
t)CM OPT
+ instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the RIGHT THUMBPRINT(Optional)
instrument.
Witness my hand and official seal.
3
0
(SEAL) I A IAe%
$
(SIGNATURE OF NOTARY)
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUAL(S)
❑CORPORATE
ATTENTION NOTARY
OFFICERIS)
The information requested below and in the column to the right is OPTIONAL. ("TUS)
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any OPARTNER(S) ❑LIMITED
unauthorized document. ❑GENERAL
❑ATTORNEY IN FACT
THIS CERTIFICATE Title or Type of Document ❑TRUSTEE(S)
MUST BE ATTACHED OGUARDIAN/CONSERVATOR
TO THE DOCUMENT Number of Pages Date of Document ❑OTHER:
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Personls)or Entkylies►
WOLCOTTS FORM 63240 Rev.3.64(price elan B-2A1 1664 WOLCOTTS FORMS,INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
II�III I I I I I I I�I II I
I�
7 67775 63240 8
SUBORDINATION
a
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust
recorded on June 6, 2002 as Document No. 2002-0093257 in the office of the Fresno County
Recorder of which the Deed of Trust in, by and between
TRUSTOR: Granville Homes Inc., a California Corporation, and
TRUSTEE: Financial Title Company, and
BENEFICIARY: Housing Capital Company, a Minnesota Partnership,
hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the
foregoing Subdivision Agreement (Tract Map No. 4868).
DATED: August 12, 2002 , 2002
TRUSTEE:
Financial Title Company
B
dward�,�Vice President
r
By:
(Beneficiary to Type Names,Titles&Attach Notary Acknowledgments)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fresno
On August 12, 2002 before me, the undersigned
DATE NAME,TITLE OF OFFICER'
personally appeared Dan Edwards
NAME(S)OF SIGNER(S)
0 Personally known to me OR ❑ proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the
,•= within instrument and acknowledge to me that
/t� � OWN
COW. #1240842 he/she/they executed the same in his/her/their authorized
�' � 0f�1M. BR
r NOTARY PUBLIC-CALIFORNIA capacity(ies), and that by his/her/their signature(s) on the
��• 1 F'ESNo COUNTY
tcCd;19,2003 , or instrument the person(s),erson/s) the entity upon behalf o
� �L• r,.[�.pire<
which the person(s)acted, executed the instrument.
WIT SS my hand and official seal
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNED .DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
0 CORPO TE OF ER TITLE OR TYPE OF DOCUMENT
1 C_Q . S (I b"YN-
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S) DATE OF DOCUMENT
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER(S)OTHER THAN NAMED ABOVE
SIGNER IS REPRESENTING: